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2. The exclusive power to review in the first instance, a judgment rendered in a civil action by a justice's court in the county, or by a justices' court in cities, and to affirm, reverse or modify such judgment:

3. The foreclosure or satisfaction of a mortgage, and the sale of mortgaged premises situated within the county, and the collection of any deficiency on the mortgage remaining unpaid, after the sale of the mortgaged premises

4. The partition of real property situated within the county:

5. The admeasurement of dower in land situated within the county:

6. The sale, mortgage or other disposition of the real property situated within the county, of an infant or person of unsound mind:

7. To compel the specific performance, by an infant, heir or other person, of a contract made by a party who shall have died before the performance thereof:

8. The care and custody of the person and estate of a lunatic or person of unsound mind, or an habitual drunkard, residing within the county:

9. The mortgage or sale of the real property situated within the county, of a religious corporation, and the disposition of the proceeds thereof:

10. To exercise the power and authority heretofore vested in such courts of common pleas, over judgments rendered by justices of the peace, transcripts of which have been filed in the offices of the county clerks in such counties:

11. To exercise all the powers' and jurisdiction conferred by statute upon the late courts of common pleas of the county, or the judges or any judge thereof, respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, imprisoned, insolvent, absent, concealed or non-resident debtors, gaol liberties, the removal of occupants from state lands, the laying out of railroads through Indian lands, and upon appeal from the determination of commissioners of highways,

when held

and all other powers and jurisdiction conferred by statute, which has not been repealed, on the late court of common pleas of the county, or on the county court, since the late courts of common pleas were abolished, except in the trial and determination of civil actions; and to prescribe the manner of exercising such jurisdiction, when the provisions of any statute are inconsistent with the organization of the county court:

12. To remit fines and forfeited recognizances in the same cases and like manner as such power was given by law to courts of common pleas. But the first subdivision of this section shall not apply to the county court of the counties of Kings, Albany, Monroe and Erie.

13. To grant new trials, or affirm, modify or reverse judgments in actions tried in such court upon a bill of exceptions or case made subject to an appeal to the supreme court.

$ 31. [Sec. 34.] The county court is always open for the Terms transaction of any business for which no notice is required to be given to an opposing party. At least two terms in each county 1998, 1851. for the trial of issues of law or fact, and as many more as the. county judge shall appoint, shall be held in each year at the places in the counties respectively designated by statute for holding county or circuit courts, on such days as the county judge shall from time to time appoint, and may continue as long as the court deem necessary. Notice of such appointment shall be published in the state Notice to

be publishpaper at least four weeks before any such term, and also in a ed. newspaper, if any, printed in the county; so many of such terms as the county judge shall designate for that purpose, in such notice, may be held for the trial of issues of law, and hearing and decision of motions and other proceedings at which no jury shall be required to attend.

§ 32. [Sec. 37.] Jurors for the county courts and courts Jurors how of sessions shall be drawn from the jury box of the county, summoned. and summoned in the same manner as for the trial of is- Amended sues at a circuit court.

Amended

drawn and

1849.

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TITLE V.
Of the Superior Court and Court of Common Pleas, in

the city of New-York, and the Mayors' and Recor

ders' Courts in other cities. SECTION 33. Jurisdiction of the Courts named in this title. 34. Court of Common Pleas for New-York has power to review

judgments of the Marine and Justices' Courts. 35. General and special terms of the Superior Court and Common

Pleas to be appointed. 36. By whom held. 37. Judgments where given. 38. Concurrence of two judges necessary, 39. Criers, how appointed. Salaries, how fixed. 40. Superior Court, of whom to consist. 41. Three justices of Superior Court to be elected. 42. How voted for. 43. How classified. 44. Expiration of terms and vacancies how filled. 45. Powers of Judges and their salaries. 46. Terms of Superior Court and by whom held. 47. Certain civil suits may be transferred from the Supreme to

the Superior Court.
48. Jurisdiction of Superior court in such cases.
49. Judges to hear for two years, suits transferred from Supreme

court.
50. Appeal to the Court of Appeals.

51. Section 28 applied to Superior Court.
Their juris-
diction.

$ 33. [Sec. 39.] The jurisdiction of the superior court of

the city of New York, of the court of common pleas for Amended.

the city and county of New-York, of the mayors' courts of cities, and of the recorders' courts of cities, shall extend to the following actions :

1. To the actions enumerated in section one hundred and twenty-three and one hundred and twenty-four, when the cause of action shall have arisen, or the subject of the action shall be situated, within those cities respectively;

2. To all other actions where all the defendants shall reside, or be personally served with the summons within those cities respectively, except in the case of mayors' and recorders' courts of cities, which courts shall only have jurisdiction where all the defendants shall reside within the cities in which such courts are respectively situated. The supreme court shall have power and authority to remove, by order, into the said supreme court, and the same power and authority to change the place of trial to any

1849.

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other county of this state, of any transitory action pending in said superior court, or court of common pleas for the city and county of New-York, which it would have, had such action been commenced in said supreme court; such order for removal and for change of place of trial shall be made in the supreme court upon motion and on filing a certified copy of such order in the office of the clerk of the said superior court, or of the said court of common pleas, such cause shall be deemed to be removed into the supreme court, which shall proceed therein as if the same had originally been commenced there; and the clerk of either of said courts in which such order shall be filed, shall forthwith deliver to the clerk of the county in which, by such order, the trial is ordered to be had to be filed in his office, all process, pleadings, and proceedings relating to such cause.

3. To actions against corporations, created under the laws of this state, and transacting their general business, or keeping an office for the transaction of business, within those cities, respectively, or established by law therein, or created by or under the laws of any other state, government or country, for the recovery of any debt or damages, whether liquidated or not, arising upon contract made, executed, or delivered within the state, or upon any cause of action arising therein.

The jurisdiction of this court extends to all the actions enumerated in sec. 123, (sec. 103,) when the cause of action shall have arisen, or the sub. ject of the action shall be situated within the city of New-York. And to all other actions, where all the defendants shall reside, or be personally served with the summons, within this city. Cashmere vs. Crowell and De Wolf, 1 Sand. 715; S. C. 1 Code Rep. 95; Case vs. Ohio Ins. Co., 2 Code Rep. 82.

And the court will not sanction any attempt by fraud or misrepresentation, to bring a party within its jurisdiction. And where a party has thus been served with the process, such service was on motion set aside. Carpenter vs. Spooner, 2 Sand, 717; S.C. 2 Code Rep. 140; Fisher and others vs. Curtis, 2 Sand. 660; S. C. 2 Code Rep. 62. [NOTES.]

2

pleas in

in NewYork to re

ments of

courts.

Terms of

New-York

A plaintiff residing out of the city of New-York, though within this state must give security for costs. Gardner vs. Kelly, 2 Sand. 632.

This court as now constituted, is co-ordinate with the supreme court.

The decisions of the latter though not authoritative, are to be treated with Common great deference and respect. Ford vs. Babcock, 2 Sand. 518.

$ 34. [Sec. 40.] The court of common pleas for the city view judg-and county of New-York shall also have power to review marine and the judgments of the marine court of the city of New York,

'

and of the justices' courts in that city. Amended 1849.

$ 35. [Sec. 41.] The superior court of the city of Newsuperior York, and the court of common pleas, for the city and councommon 'ty of New York, shall within twenty days, appoint general

and special terms of those courts respectively, and prescribe the duration thereof; and they may, from time to time, respectively, alter such appointments; and hereafter no fees shall be paid for any service of a judge of either of those courts.

§ 36. [Sec. 42.] A general term shall be held by at least two of the judges of those courts respectively, and a spe

cial term by a single judge. Judgments 937. [Sec. 43.] Judgments upon appeal shall be given when giv

at the general term; all others, at the special term.

§ 38. [Sec. 44.] The concurrence of two judges shall be two judges necessary to pronounce a judgment at the general term.

If two do not concur, the appeal shall be re-heard. Criers, how $39. A crier shall be appointed by the superior court appointed.

of the city of New-York, and by the court of common pleas for the city and county of New-York respectively, to hold

"his office during the pleasure of the court. He shall rehow fixod. ceive a salary to be fixed by the supervisors of the city

and county of New York, and paid out of the county

By whom

keld.

en.

Concurrence of

necessary

Passed 1849.

treasury.

Superior court, of Passed 1849.

§ 40. The superior court of the city of New-York shall whom to from the first day of May, one thousand eight hundred and

forty-nine, consist of six justices.

§ 41. Three justices of such superior court, in addition tices of su- to the justices now holding office, shall be elected by the

Three jus

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